Death Penalty Research What’s the history of your particular issue? -In 2005, there were 16,692 cases of murder and manslaughter nationally. There were 60 executions. -Between 3 and 18 lives would be saved by the execution of each convicted killer. -Supreme Court ruled in 1976 that the death penalty does not go against the 8th amendment, which bans cruel and unusual punishment. -74% of Americans supported the death penalty in May. -64% of Americans supported the death penalty in October. -American Bar Association’s Death Penalty Moratorium Implementation Project oLaunched in September 2001 to start a nationwide moratorium on executions oSummer of 2005 – the moratorium project completed its final set of state assessments.
-121 countries around the world have abolished the death penalty.
-Today, criminals in 38 US states and those convicted of federal crimes could face the death penalty History of the Death Penalty -Britain influenced America’s use of the death penalty. -1608 – The first recorded execution (in America) was Captain George Kendall Jamestown, Virginia. oKendall was executed for being a spy for Spain -1612 – Virginia Governor Sir Thomas Dale made the Divine, Moral and Martial Laws oEnacted the death penalty for things such as stealing grapes, killing chickens, and trading with Indians -Massachusetts Bay Colony had its first execution in 1630. -The New York Colony had the Duke's Laws of 1665 oOffenses such as striking one's mother or father, or denying the "true God," were to be sentenced to the death penalty. -10th Century A.D., hanging became the usual form of execution in Britain. -.1700s in Britain – 222 crimes were punished by death. oStealing, cutting down a tree, robbing a rabbit warren. How does this issue have an impact on people? The environment? Are there any case studies you could refer to support your ideas? -Saves innocent lives because it kills the murderers. -The death penalty is the most effective way to prevent killers from repeating their previous crimes. -Life imprisonment without possibility of parole prevents murderers from committing some crimes but does not prevent them from murdering in prison. oThe jails can get crowded. oThey can still murder in prison – not helping any situation.
-About 5 federal prison officers have been killed since December 1982 oMost of the people that murdered these officers were already in prison for life without parole for murder. When did this issue first surface? -Hill vs. McDonough oJune 12, 2006 oSaid that inmates can challenge lethal injections as a civil rights issue oJudges did not rule on whether this way of execution (lethal injections) was considered cruel and unusual punishment. -Abolitionist movements early on in Britain, then spread to America. -Furman v. Georgia o1972 oFurman argued that capital cases resulted in biased and unpredictable sentencing. oFurman was a challenge brought under the Eighth Amendment oWith this decision, “the Supreme Court set the standard that a punishment would be "cruel and unusual" if it was too severe for the crime, if it was arbitrary, if it offended society's sense of justice, or it if was not more effective than a less severe penalty.” -Witherspoon vs. Illinois o1968 oThe Supreme Court ruled that “a potential juror's mere reservations about the death penalty were insufficient grounds to prevent that person from serving on the jury in a death penalty case. Jurors could be disqualified only if prosecutors could show that the juror's attitude toward capital punishment would prevent him or her from making an impartial decision about the punishment.” -Trop vs. Dulles oThe Supreme Court ruled that the Eighth Amendment had an "evolving standard of decency that marked the progress of a maturing society." oDeveloped to a point that the "standard of decency" should not have the death penalty. -On June 29, 1972, the Supreme Court successfully canceled 40 death penalty acts oAltered the sentences of 629 death row inmates around the country and suspended the death penalty because existing acts were not valid anymore. What is the Republican Party position on your issue? -We need to think about the victims, almost all stories from the anti-death penalty side are about the murders, but they are the ones that ruined the lives of the victims. -More victims rights, harsher punishments for certain crimes. -Death penalty is effective -Enforce the existing laws – keep death penalty. -Support the courts having the option of enforcing the death penalty in capital murder cases. -Stopped federal judges from releasing criminals due to the over-crowding of jails -Want to make sure that states make violent felons do time in prison. What is the Democratic Party position on your issue? -The risk of executing the innocent should prevent use of the death penalty. -Question the fairness in the way that the death penalty has been implemented. -DNA testing in death penalty cases -Defendants should have effective use of the counsel. -In death row cases, use post-conviction reviews. -Put rights of families and victims first. -Push for more crime prevention, to stop it before it starts, or before it’s too late. What current legislation is under consideration in Congress on your issue? Refer to specific bills by name. What is the bill title? Who sponsored it? What is the bill’s purpose?
S. 447
Sen. Feingold (WI)
“to abolish the death penalty under federal law”
Federal Death Penalty Abolition Act of 2007
Introduced January 31, 2007
Wants to end the death penalty
Provides examples such as:
Homicide related offenses
Non-homicide related offenses
Conspiracy
Assaulting
Mutiny
H.R. 2466
Rep. Sensenbrenner (WI)
“To amend title 18, United States Code, to prevent gang crime, and for other purposes.”
2 Co-Sponsors
Rep. Chabot (OH)
Rep. Forbes (VA)
H.R. 851
Death penalty reform act of 2007
Rep. Smith of Texas, and Rep. Franks of Arizona
“To modify the law with respect to the death penalty, and for other purposes.”
Bill # H.R. 1914
Sponsor: John Carter (Republican, Texas)
“To amend title 18, United States Code, to ensure the death penalty for terrorists, and for other purposes.”
Representative Masters (Republican, California)
Death Penalty Research
What’s the history of your particular issue?
- In 2005, there were 16,692 cases of murder and manslaughter nationally. There were 60 executions.
- Between 3 and 18 lives would be saved by the execution of each convicted killer.
- Supreme Court ruled in 1976 that the death penalty does not go against the 8th amendment, which bans cruel and unusual punishment.
- 74% of Americans supported the death penalty in May.
- 64% of Americans supported the death penalty in October.
- American Bar Association’s Death Penalty Moratorium Implementation Project
o Launched in September 2001 to start a nationwide moratorium on executions
o Summer of 2005 – the moratorium project completed its final set of state assessments.
- 121 countries around the world have abolished the death penalty.
- Today, criminals in 38 US states and those convicted of federal crimes could face the death penalty
History of the Death Penalty
- Britain influenced America’s use of the death penalty.
- 1608 – The first recorded execution (in America) was Captain George Kendall Jamestown, Virginia.
o Kendall was executed for being a spy for Spain
- 1612 – Virginia Governor Sir Thomas Dale made the Divine, Moral and Martial Laws
o Enacted the death penalty for things such as stealing grapes, killing chickens, and trading with Indians
- Massachusetts Bay Colony had its first execution in 1630.
- The New York Colony had the Duke's Laws of 1665
o Offenses such as striking one's mother or father, or denying the "true God," were to be sentenced to the death penalty.
- 10th Century A.D., hanging became the usual form of execution in Britain.
- .1700s in Britain – 222 crimes were punished by death.
o Stealing, cutting down a tree, robbing a rabbit warren.
How does this issue have an impact on people? The environment? Are there any case studies you could refer to support your ideas?
- Saves innocent lives because it kills the murderers.
- The death penalty is the most effective way to prevent killers from repeating their previous crimes.
- Life imprisonment without possibility of parole prevents murderers from committing some crimes but does not prevent them from murdering in prison.
o The jails can get crowded.
o They can still murder in prison – not helping any situation.
- About 5 federal prison officers have been killed since December 1982
o Most of the people that murdered these officers were already in prison for life without parole for murder.
When did this issue first surface?
- Hill vs. McDonough
o June 12, 2006
o Said that inmates can challenge lethal injections as a civil rights issue
o Judges did not rule on whether this way of execution (lethal injections) was considered cruel and unusual punishment.
- Abolitionist movements early on in Britain, then spread to America.
- Furman v. Georgia
o 1972
o Furman argued that capital cases resulted in biased and unpredictable sentencing.
o Furman was a challenge brought under the Eighth Amendment
o With this decision, “the Supreme Court set the standard that a punishment would be "cruel and unusual" if it was too severe for the crime, if it was arbitrary, if it offended society's sense of justice, or it if was not more effective than a less severe penalty.”
- Witherspoon vs. Illinois
o 1968
o The Supreme Court ruled that “a potential juror's mere reservations about the death penalty were insufficient grounds to prevent that person from serving on the jury in a death penalty case. Jurors could be disqualified only if prosecutors could show that the juror's attitude toward capital punishment would prevent him or her from making an impartial decision about the punishment.”
- Trop vs. Dulles
o The Supreme Court ruled that the Eighth Amendment had an "evolving standard of decency that marked the progress of a maturing society."
o Developed to a point that the "standard of decency" should not have the death penalty.
- On June 29, 1972, the Supreme Court successfully canceled 40 death penalty acts
o Altered the sentences of 629 death row inmates around the country and suspended the death penalty because existing acts were not valid anymore.
What is the Republican Party position on your issue?
- We need to think about the victims, almost all stories from the anti-death penalty side are about the murders, but they are the ones that ruined the lives of the victims.
- More victims rights, harsher punishments for certain crimes.
- Death penalty is effective
- Enforce the existing laws – keep death penalty.
- Support the courts having the option of enforcing the death penalty in capital murder cases.
- Stopped federal judges from releasing criminals due to the over-crowding of jails
- Want to make sure that states make violent felons do time in prison.
What is the Democratic Party position on your issue?
- The risk of executing the innocent should prevent use of the death penalty.
- Question the fairness in the way that the death penalty has been implemented.
- DNA testing in death penalty cases
- Defendants should have effective use of the counsel.
- In death row cases, use post-conviction reviews.
- Put rights of families and victims first.
- Push for more crime prevention, to stop it before it starts, or before it’s too late.
What current legislation is under consideration in Congress on your issue? Refer to specific bills by name. What is the bill title? Who sponsored it? What is the bill’s purpose?
"Capital Punishment." International Information Programs. 15 Feb. 2008
<http://usinfo.state.gov/dhr/human_rights/capital_punishment.html>.
"Democratic Party on Crime." On the Issues. 15 Feb. 2008
<http://www.ontheissues.org/Celeb/Democratic_Party_Crime.htm>.
DPINFO -- Death Penalty Information. 15 Feb. 2008 <http://www.dpinfo.com/>.
"Introduction of the Death Penalty." Death Penalty Information Center. 15 Feb. 2008
<http://www.deathpenaltyinfo.org/article.php?scid=15&did=410#TheDeathPenaltyinAm
erica>.
Pro-Death Penalty. 15 Feb. 2008 <http://www.prodeathpenalty.com/>.
"Republican Party on Crime." On the Issues. 15 Feb. 2008 <http://www.ontheissues.org/Celeb/Republican_Party_Crime.htm>.
Thomas (Library of Congress). 15 Feb. 2008 <http://thomas.loc.gov/>.
Walker, Carol. "Death Penalty Remains Subject of Debate in United States." America.Gov. 14
Dec. 2005. 15 Feb. 2008 <http://www.america.gov/st/washfile-
english/2005/December/20051202150231bcreklaw0.2723963.html>.
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